News & Analysis as of

Confidential Information Settlement Agreements

Miles Mediation & Arbitration

[Event] General Civil Mediation Training and Practicum - September 11th - 14th, Atlanta, GA

Are you committed to becoming a successful, skilled mediator? Join us for our General Civil Mediation Training from September 11-14, 2025, at Miles' Atlanta Resolution Center! This in-person program, approved by the...more

Miles Mediation & Arbitration

[Event] General Civil Mediation Training and Practicum - March 20th - 23rd, Atlanta, GA

Advance your mediation career with the highest level of training at our General Civil Mediation Training from March 20-23, 2025, at Miles' Atlanta Resolution Center! This in-person program, approved by the Georgia Office...more

Proskauer - Trade Secrets

EV Trade Secrets Litigation Series: Tesla and Rivian Resolve High-Stakes Legal Clash Over IP

After getting the green light to proceed to a trial in March of 2025, Tesla and Rivian have reportedly reached an agreement to settle their trade secret dispute out of court. Tesla and Rivian officially filed for dismissals...more

Tucker Arensberg, P.C.

Confidentiality Provision of Educator Discipline Act Ruled Unconstitutional

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Pennsylvania’s Educator Discipline Act governs educator misconduct complaints filed with the Department of Education for investigation and, if warranted, discipline. 24 Pa. Stat. Ann. § 2070.9. Once a misconduct complaint is...more

Foley & Lardner LLP

Amendments to New York’s NDA Law

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New York governor Kathleen Hochul recently signed into law S4516, which amended General Obligations Law Section 5-336 (“GOL 5-336”). The amendments expanded restrictions on the use of nondisclosure provisions (“NDAs”) in...more

Troutman Pepper Locke

A Mixed Bag for Employers: New York Revises Requirements for Confidentiality Provisions in Employee Separation Agreements

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Q: I heard New York amended the law on nondisclosure provisions in employee settlement agreements. What do I need to know?...more

Holland & Knight LLP

A Cautionary Tale from arrivia Inc. v. Rowley

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Enforceability of releases for unknown claims at the time of settlement is a well-established legal principle, as highlighted in the recent case, arrivia Inc. v. Rowley, No. CV-23-01039-PHX-DLR, 2023 WL 7386384 (D. Ariz. Nov....more

Patterson Belknap Webb & Tyler LLP

Recent Commercial Division Decision Explores Interactions Between New York’s Amended Anti-SLAPP Law and Breach of Contract Claims

On June 9, 2023, Justice Robert Reed of the New York State Court, Commercial Division, issued a decision in Trump v. Trump, 192 N.Y.S.3d 891 (Sup. Ct. N.Y. Cnty. June 9, 2023). This decision largely denied Mary Trump’s motion...more

Jackson Lewis P.C.

Caution Advised For Language In Employment Settlement And Severance Agreements

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Over the years, the Securities and Exchange Commission has taken aim at common language in settlement and severance agreements regarding nondisclosure and confidentiality....more

Clark Hill PLC

California Law Would Limit Confidentiality and Protective Orders

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In early April, the California Senate Judiciary Committee voted to approve Senate Bill 1149, introduced in February by state senator Connie M. Leyva (D-Chino), termed the “Public Right to Know Act of 2022.” SB 1149 bill would...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oregon Amends Workplace Fairness Act to Limit Confidentiality in Settlement of Discrimination and Harassment Claims

In 2019, Oregon Governor Kate Brown signed the Workplace Fairness Act (OWFA), which took full effect as of October 1, 2020. Among other things, the law prohibits employers from requiring employees to enter into agreements...more

Sheppard Mullin Richter & Hampton LLP

California’s SB 331 Extends Sweeping Changes to Workplace Settlement and Separation Agreements

In 2018, California passed Senate Bill 820, the STAND Act (Stand Together Against Non-Disclosure Act), in response to the #MeToo movement. SB 820 prohibited the use of confidentiality provisions in settlement agreements...more

Morgan Lewis

California Employers: New Law Limits NDAs in Settlement & Severance Agreements

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California Governor Gavin Newsom on October 7 signed Senate Bill 331, which will prohibit employers from (1) including in a settlement agreement a clause that restricts an employee’s right to disclose information about...more

Zelle  LLP

Don't Let Lies Infiltrate The Mediation Process

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Mediation is quickly becoming an even more important form of adjudication as courts have been significantly impacted by the COVID-19 pandemic. With the second surge in reported cases, courts across the nation have been...more

Wyrick Robbins Yates & Ponton LLP

The California Attorney General's Settlement with Glow: A Wake-Up Call for Consumer Health App Developers

Consumer-directed health apps are experiencing a boom thanks to COVID-19, as consumers seeking to avoid doctors’ office waiting rooms are increasingly relying on apps to measure and maintain their health.  That trend is...more

Goodwin

Genentech, Inc. and JHL Biotech, Inc. File a Stipulation for Entry of a Proposed Consent Judgment and Permanent Injunction; Court...

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On September 9, 2020, Genentech, Inc. and JHL Biotech, Inc. filed a stipulation for entry of a proposed consent judgment and permanent injunction as to JHL Biotech, Inc.  That proposed consent judgment and permanent...more

Lathrop GPM

The Franchise Memorandum - Issue 250

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Ohio Federal Court Awards Damages to Matco for Breach of Contract, Trademark Infringement, and Misappropriation of Trade Secrets - A federal court in Ohio has granted a franchisor’s unopposed motion for summary judgment...more

Womble Bond Dickinson

Someone Steal Your Confidential Information? You Might Just Be Out Of Luck

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Where a business alleges that a former employee stole its confidential information and gave it to a competitor which then used it to compete, the business has no claim for unjust enrichment against the former employee or...more

The Volkov Law Group

Bumble Bee CEO Convicted of Participating in Price-Fixing Conspiracy

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Global companies are paying greater attention to criminal antitrust risks – and with good reason.  We often dwell on the impact to a company of a major FCPA investigation.  A global criminal antitrust investigation often in...more

Ervin Cohen & Jessup LLP

In Case You Missed It…New Employment Laws in Effect for 2019 (Part 1)

The California Legislature is currently working on new laws that will go into effect next year.  Indeed, Governor Newsom has already begun to sign some legislation into law (see, for example, the CROWN Act)....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Year, New Laws: 2019 Brings Mini-COBRA, Nondisclosure Restrictions, and Minimum Wage Increase to Arizona

When Arizona’s fifty-third legislature ended last spring, we reported on four new laws that impact Arizona employers and employees. The legislature also passed two additional laws impacting Arizona employers....more

Hinshaw & Culbertson LLP

The 12 days of California Labor & Employment Series – Day 11 “More #MeToo and More Lack of Confidentiality”

It’s the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2019. In the spirit of the season, we are using the next “12 days of...more

Sheppard Mullin Richter & Hampton LLP

Company’s Vendor Suffers Breach, No Business Associate Agreement, $500K OCR Settlement

A Florida staffing agency which provides physicians to hospitals and nursing homes, has agreed to a $500,000 settlement with the U.S. Department of Health and Human Services, Office for Civil Rights. The settlement comes...more

Gray Reed

How to Avoid Trumping Non-Disclosure Agreements

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In the summer of 2016 Stormy Sultry aka Peggy Peterson and Dennis Duck aka David Dennison engaged in some alleged hanky-panky....more

Fisher Phillips

Lessons From The Waymo v Uber Trade Secrets Trial

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Just hours after the Eagles clinched their upset Super Bowl win over the Patriots, a different battle royale began in a San Francisco courtroom between an established juggernaut and its upstart rival. For techies and trade...more

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